2015 Supreme(Ker) 111
HIGH COURT OF KERALA
ASHOK BHUSHAN & A.M. SHAFFIQUE, JJ.
Aswathi Vedalmaji & Others – Appellant
Versus
The State of Kerala represented by The Secretary To Government Health & Family Welfare Department Thiruvananthapuram & Others – Respondent
W.A. Nos. 1759, 1756, 1757, 1634 & 1694 of 2014 in WP(C) No. 22706 of 2014
Decided On : 16-02-2015
For the Appellants:M.K. Damodaran, Sr. Advocate, P.K. Vijayamohanan, Advocate.
For the Respondents: Roshen Alexander, Government Pleader, R3, V. Krishna Menon, SC, Co. Op. Academy of Professional Education.
Headnote:The students are classified into that students under fee structure of the self financing and under government medical college and students under merit/management/NRI quota is regarded as the students in the government medical college.
Ashok Bhushan, Ag. C.J.
1. These five Writ Appeals have been filed against the common judgment dated 06.11.2014 passed by a learned Single Judge in the Writ Petitions filed by the appellants. Learned Single Judge by the above judgment has dismissed all the Writ Petitions. First four Writ Appeals have been filed by the students who are pursuing the MBBS course whereas the last Writ Appeal, W.A. No.1694 of 2014 has been filed by the students who are pursuing B.Sc. Nursing Course. W.A. No.1759 is being treated as the leading case. For deciding all these Writ Appeals reference to the pleadings in W.A. No.1759 of 2014 shall suffice except where reference of pleadings in some other Writ Appeals are necessary.
2. The background facts giving rise to the Writ Petitions filed by the appellants are as follows: The Cooperative Academy of Professional Education (Kerala), respondent No.3, is a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955. The 3rd respondent has been running a Medical College, namely Kochi Cooperative Medical College, Kalamassery which was treated under the category of self financing institutions. The State Legislature enacted an Act, viz., Kerala professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006. Admission in various professional institutions including medical self financing institutions are being conducted on the basis of consensual agreement between the college concerned and the State Government. Agreement between the college and Government relates to the manner of carrying on admission and collection of fee. The admissions are being conducted on the basis of entrance examinations conducted by the Commissioner for Entrance Examinations, Kerala. The admissions were being taken under three streams, viz., merit quota to the extent of 50%, management quota to the extent of 35% and 15% quota for Non-Resident Indians. On the basis of consensual agreement entered between the management of the college and the Government, Government Orders have been issued for each academic year for conducting admission and fees. The State Government issued a Government Order dated 16.08.2010 (for the academic year 2010-11) on the basis of the agreement entered into between the 3rd respondent and the Government. Paragraph 3 of the said order dealt with the terms and conditions and paragraphs 4 and 5 dealt with the fee including fee concession to be given to the candidates belonging to BPL families, SC/ST category and SEBC reservation category. 7 candidates belonging to the BPL families were need to pay only tuition fee of Rs.25,000/-. 13 candidates were selected under the SEBC reservation category are need to pay tuition fee of Rs.35,000/-. Annual tuition fee for the candidates belonging to SC/ST category was to be paid by the Government to the concerned College at the rate of uniform fee fixed by the Fee Regulatory Committee of the Government. Other candidates admitted under the 50% merit quota were required to pay Rs.87,000/-, 35% management quota candidates were required to pay Rs.4,45,000/- and 15% NRI quota candidates were required to pay Rs.10 lakhs. The above was in addition to the fee concession granted to BPL and SEBC reservation category candidates. For the academic year 2012-13 similar Government Order was issued on 18.06.2012 wherein the 50% merit quota candidates were required to pay Rs.1,50,000/-, 35% management quota candidates were required to pay Rs.6,50,000/- (which was subsequently reduced to Rs.5,50,000/- by another Government Order dated 09.07.2012) and 15% NRI quota candidates were required to pay Rs.9,95,000/- lakhs (which was subsequently enhanced to Rs.10,00,000/-) with the fee conce